Defence appeal from assault conviction in Fort McMurray Provincial Court. Domestic situation. At trial, complainant testified the fight was consensual but she did not want to be choked. Held: Appeal allowed. “The proper question was not whether the complainant consented to each and every application of force during the course of the fight, or whether … Read More.
Accused was charged with forcible confinement of his former spouse. Complainant testified to being forcibly confined in a shared residence with the accused, prior to fleeing the residence and contacting police. Accused testified that there was a domestic argument, but that the allegations of forcible confinement were fabricated. Held: Charge dismissed. After the complainant was … Read More.
Client originally charged with second-degree murder in the death of an elderly male. Incident occurred at the client’s apartment, and both parties were intoxicated. Evidence suggested that the man died from a single stab wound to the shoulder inflicted by the female client. She called 911, reporting at the same time that the man had … Read More.
R. v C. 2018 Stony Plain Provincial Court: DUI/Impaired Driving – Stay Of Proceedings – Charter Breaches
Accused charged with impaired driving and driving over .08. Stopped by Sheriff for speeding. Suspected of driving while under influence of alcohol. Sheriff called for RCMP to do impaired investigation but did not inform accused of the main reason for her detention or her right to counsel. RCMP called to bring roadside screening test. Delay … Read More.
Accused charged with “gang” sexual assault. Allegation that client and co-accused both sexually assaulted complainant at a party. Complainant and witness both testified to assault, client and co-accused testified to consensual sexual activity. Held: While accused’s testimony was disbelieved by the trial judge, the Court could not be satisfied beyond a reasonable doubt that an offence had … Read More.
R. v K., 2018 Edmonton Provincial Court – Arson Case Withdrawn Due To Improper Use of Tracking Device
Accused charged with arson. Police had installed GPS tracking device on the accused’s vehicle in relation to a separate investigation. The tracking device placed the accused’s vehicle at the scene of the arson at the time of the offence. The tracking warrant authorized tracking of the accused’s vehicle specifically in relation to the separate investigation. … Read More.
Accused charged with DUI (impaired driving) and refusal to blow. No Roadside Test performed. Reasonable and probable grounds for breath demand based on physical symptoms of impairment alone. Police car equipped with camera capable of capturing alleged symptoms. Despite several requests to secure this evidence from the police the prosecution was unable to do so. Police explained … Read More.
Accused charged with assaulting an individual with a bottle during a fight at a party. Complainant sustained a large cut over the eye that was allegedly caused by the bottle. Accused did not testify. Held: Acquitted. Based on the testimony of the 4 Crown witnesses who purported to see the fight the Court could not find … Read More.
Accused charged with sexual assault, assault, and uttering threats. Allegation that accused forced sexual intercourse on spouse, and then assaulted and threatened the spouse the following morning. Held: Acquitted. Accused found to be a credible witness while complainant was found to be unreliable, admittedly dishonest, and had a motive to fabricate the allegations. Court left with … Read More.
Accused originally charged with possession of child pornography and breach of bail. Admitted on guilty plea to pornography charge and breach charge withdrawn. As part of resolution Crown agreed to re-elect to summary conviction proceeding from indictment, reducing the mandatory minimum jail sentence available from 1 year to 6 months. Joint submission for minimum available … Read More.